surveillance

Appeals court approves suit on NYPD surveillance

A lawsuit challenging the New York Police Department's surveillance of Muslims can proceed, the Third Circuit US Court of Appeals ruled Oct. 13, opening the way for a trial on the constitutionality of spying on New Jersey mosques, schools and businesses. Likening the surveillance program to the treatment of Japanese-Americans during World War II, the Third Circuit found that it was based "on the false and stigmatizing premise" that Muslim religious identity 'is a permissible proxy for criminality." Muslim Advocates and the Center for Constitutional Rights filed the suit in 2012 on behalf of 11 individuals or organizations, including business owners, students and a decorated Iraq war veteran, who said they had been harmed by the surveillance. Plaintiffs alleged that NYPD detectives monitored stores, schools, restaurants and at least 20 mosques in Paterson, Newark, Rutgers University, and other New Jersey locations. The surveillance program, ostensibly suspended last year, was first reported in a Pulitzer-winning Associated Press series. The Third Circuit reversed a February 2014 dismissal of the suit, remanding it to a US District Court in New Jersey.

Key provisions of Patriot Act expire

Key provisions of the USA Patriot Act expired June 1 after a late Senate vote failed to establish an extension. The provisions that expired were in Section 215 of the act and included: the "Bulk Data Collection" provision, which allowed the government to collect data, the "Lone Wolf" provision, which allowed surveillance on individuals not directly tied to terrorist groups, and the "Roving Wiretaps" provision, which allowed the government to surveil all of a suspected terrorist's communications. The Senate gathered to vote on the bill late May 31, but fierce debate pushed the vote into the early hours of the next morning. Although the Senate failed to establish an extension for the Patriot Act, they are set to vote on the USA Freedom Act which is supposed to serve as a limit on government surveillance.

Colombia: convictions in Uribe spying scandal

Colombia's supreme court on Feb. 27 convicted two close aides of former president Alvaro Uribe for illegal eavesdropping on the communications of the conservative leader's top opponents. Maria del Pilar Hurtado, former head of the now-disbanded DAS intelligence agency, and Bernardo Moreno, Uribe's chief of staff, were both found guilty on several charges, including conspiracy, and each face more than 10 years in prison. The convictions were widely anticipated since a number of former DAS agents accused them of ordering wiretaps of journalists, human rights defenders, politicians and even members of the supreme court who had been critical of Uribe. President Juan Manuel Santos ordered the DAS shut down shortly after taking office.

China: draft counter-terror law 'recipe for abuses'

Human Rights Watch (HRW) urged Jan. 20 that the Chinese government should radically revise its proposed legislation on counter-terrorism to make it consistent with international law and the protection of human rights. The draft law was made public for consultation in November and is expected to be adopted in 2015 after minimal revisions. HRW charges that the draft law's definition of what constitutes "terrorism" is "dangerously vague and open-ended," constituting a "recipe for abuses."

Sweden: Muslims under attack —and Jews

An arsonist set fire to a mosque in the Swedish town of Eskilstuna Dec. 25, injuring five people. Some 20 worshippers were attending midday prayers when the fire broke out. Police said the blaze began when assailants hurled an incendiary device through a window of the mosque, on the ground floor of a residential building. The attack comes amid a fierce debate in Sweden over immigration policy. The far right wants to cut the number of asylum-seekers allowed into Sweden by 90%. On Dec. 3, the anti-immigrant Sweden Democrats brought down the minority governing coalition after it had been in power for just 10 weeks, refusing to support its proposed budget and forcing a special election. The new election is scheduled for March. (BBC News, Al Jazeera, Dec. 15; EurActiv, Dec. 18; Daily Mail, Dec. 3)

Net neutrality and the extinction of journalism

Daily Kos is currently pushing a petition warning of the imminent demise of "net neutrality." It reads: "FCC Chairman Tom Wheeler has proposed a new set of rules that will allow Internet service providers to charge web publishers extra for preferential treatment. Large websites like Fox News could pay for priority service to ride in the fast lane and reach more people online—while independent blogs like Daily Kos, nonprofits, small businesses and any website that can’t afford it will be left out in the cold. The FCC will consider this 'pay-to-play' rule on May 15th, so let's nip it in the bud now." OK, we encourage readers to sign the petition, by all means. But we have little faith that online petitions really make much difference, or that this eventuality (inevitability?) can be nipped in the bud...

NYPD disbands Muslim surveillance program

The new commissioner of the New York Police Department (NYPD) William Bratton announced April 16 the disbanding of a surveillance unit used to spy on Muslim communities. The Demographics Unit, established in 2003, utilized plainclothes detectives to map communities both inside and outside New York City, tracking the movements and conversations of Muslim individuals. According to the New York Times, the unit, composed of around 12 detectives, was created to look for "hot spots" of radicalization that could theoretically provide early warning of possible terrorist activities. Surveillance focused on 28 "ancestries of interest." At a pretrial examination (PDF) before the US District Court for the Southern District of New York, Commanding Officer of the Intelligence Division Thomas Galati admitted that the program had never generated a lead. The tactics of the unit had drawn significant criticism and generated two federal lawsuits.

Colombia: FARC transcripts leaked by military

Transcripts of conversations between the highest leaders of the FARC guerillas were revealed by Colombian media Feb. 15 after being intercepted by the Armed Forces. The transcripts reveal dialogues between the FARC’s peace delegation in Havana, Cuba and the guerrilla group’s highest military commander Rodrigo Londoño Echeverry AKA "Timochenko." Colombia’s military intelligence was able to access the conversations after breaking through their encrypted codes protecting their communication mediums. Colombia's Blu Radio station gained access to the transcripts. A scandal over sying on the peace delegations has forced the dismissal of four top military commanders.

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